Lupoi: “The positive principles contained in the code must be fully implemented so that trust, results and good faith do not remain on paper”
This is the message that OICE, the Association of Engineering and Architecture Companies, conveyed today, speaking at the hearing before the Eighth Commission of the Chamber in the presence of Vice President Hon. Battistoni, as part of the series of hearings on the parliamentary resolutions presented by Hon. Mazzetti, Manes, Santillo and Milani.
The President George Wolfin his speech he underlined how “the Association welcomed the issuance of the new code, a year ago also and above all for the definition of important principles that must shape the actions of the Public Administration and Economic Operators: result, trust, good faith, contractual balance, access to the market. One year after its issuance, we note as a positive element the fact that Parliament has brought to the attention of the Government the need to intervene on Legislative Decree 36/2023. In particular, we believe that we must first intervene by filling the gap caused by the absence of specific rules for the assignment of engineering and architecture services: once the LG 1/2016 of the Anac were repealed, the Administrations no longer had certain references and this caused many difficulties for the operators”.
But it is not only on this point that the OICE President asks to retouch the code:
“We then have specific requests, which we have illustrated to the Commission such as those on access to tenders, because the requests for references over only three years penalize a large part of the market and create an unjustified and discriminatory treatment compared to construction companies qualified over 15 years, on the need to restore the contractual advance for technical-professional services, unjustifiably cancelled by the legislator, on the limitation of direct assignments on a trust basis, on the reduction of incentives for PA technicians to the planning and management phases and not to the design phase; on guarantees regarding changes in progress because the use of “lump sum” contracts often ends up harassing the economic operator well beyond the limits of a fair contractual relationship.
Finally, the OICE also touched on the issue of integrated procurement and fair compensation:
“We noticed – the OICE President specified – that the liberalization of the integrated contract, often extended to interventions in which the design contribution of the construction company has no reason to exist, leads to its incorrect use. It is therefore necessary to reflect, without biased a priori positions, on hypotheses in which it is truly justified. On fair compensation we believe that the lack of coordination between the code and law 49 must be resolved without further delay; but above all the parameters decree must be updated by inserting the new activities requested but not foreseen. It is our opinion that virtuous solutions must always be sought that allow us to enhance quality with respect to the economic part, such as, for example, the use of exponential formulas”.
